Terms and Conditions
SEAGATE Customer Loyalty Rewards Program
Terms and Conditions
By Participating in the SeagateProducts.com Customer Loyalty Rewards Program (“The Program”) you are agreeing to be bound by the Program’s Terms and Conditions stated below, as well as the general Terms and Conditions governing use of the Seagate Website Terms and Conditions which are fully incorporated herein by reference (collectively, the “Agreement”). If you are unwilling to accept these terms please notify Seagate in writing by sending an email to: Rewards@SeagateProducts.com and your account will be cancelled. Seagate Products will be referred to in this Agreement as “Seagate.” You will be referred to as “Participant” “You” or “Your.”
1. Program Participation: Program participants must be at least 18 years of age. Only one customer per household may participate in the Program.
2. Earning Rewards: Once Your Rewards account is activated You will receive a referral code that You can share with individuals You refer to Seagate. You will earn $.05 Rewards for each dollar Your referral spends on purchases of Seagate products (the “Rewards”) on the Seagate website. In order to receive Rewards, Your referral must purchase eligible Seagate products and enter the referral code in the appropriate box upon checkout. Eligible Seagate products include all products listed on the Seagate website. Rewards may then be applied as discounts to Your future purchases of eligible Seagate products purchased by You on Seagate’s website.
3. Eligibility for Rewards: You are only eligible to earn and use Rewards during the term of Your participation in the Program. If Your participation in the Program is terminated by You or by Seagate, the accumulated Rewards in Your account will be forfeited at the time of termination.
4. Expiration of Rewards: Rewards may be used for a period of 365 days from the date they are posted as "Available" in Your Seagate account. Unused Rewards will be deleted from Your account after 365 days.
5. Redemption of Rewards: Rewards earned will be added to Your account and available for use within seven (7) days after Your referred customer’s order has shipped. Rewards earned will be automatically applied to Your future Seagate orders as long as you have a minimum level of $5.00 in your Rewards Account. Rewards may be applied to the cost of eligible Seagate products, sales tax, and shipping charges, if applicable. Seagate’s current shipping policies remain in place for orders placed using Rewards. Rewards may not be used for past purchases, undeliverable, or returned items. Rewards are not transferable and have no face value. Rewards may not be redeemed for cash.
6. Termination: Any breach of this Agreement or misuse of the Program will result in immediate termination. Seagate may terminate Your membership in the Program at any time, with or without cause, and with or without written notice. You may terminate Your participation at any time by sending an email to: Rewards@SeagateProducts.com. Any accumulated Rewards will be forfeited upon termination . Additionally, Rewards may forfeited for any orders deemed to be fraudulent, and for orders where credit card charges or other payment for the purchase of Seagate products eligible for Rewards points are disputed.
7. Modification: Seagate reserves the right to modify, delete, or restructure the Program’s Terms and Conditions and/or Seagate’s webpage Terms and Conditions at any time. Any changes to these Terms and Conditions will take effect immediately upon posting to the Seagate webpage and will supersede any prior versions of the Terms and Conditions. Your continued participation in the Program after new versions of the Terms and Conditions have been posted will indicate Your full acceptance of any and all changes. If You do not agree to the changes, Your only recourse is to cancel Your account by emailing: Rewards@SeagateProducts.com .
8. Corruption: Seagate shall not be liable to You for Program intrusions, such as if the Program is compromised or otherwise manipulated at any time by viruses, malicious intrusions, technical problems, hacking or otherwise. Should this occur, Seagate will make best efforts to restore Rewards earned as of the date of the corruption. If that is impossible, Seagate reserves the right to reset Rewards earned to zero, or terminate the Program entirely.
9. Indemnity: By participating in the Program You agree to indemnify Seagate for any and all claims, losses, damages, liabilities and causes of action (including expenses and attorney fees) arising out of or relating to Your participation in the Program (including without limitation claims by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, including the selection of defense counsel, in which event You will still be required to indemnify us for the attorney’s fees and expenses, including any expert witness fees, in addition to any losses, claims, damages and liabilities incurred by Seagate.
10. Product Claims: By participating in this Program, You acknowledge that most of Seagate’s products are subject to the regulation of the U.S. Food and Drug Administration (FDA) and the U.S. Federal Trade Commission (FTC). The product information appearing on the Seagate website has been carefully worded in order to comply with the FDA guidelines and regulations. Products sold through SeagateProducts.com have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Product information is available on the SeagateProducts.com website or may be requested by contacting Seagate directly. When referring a third party to Seagate, You agree not to alter any of Seagate’s product information or make any false or misleading statements about Seagate’s products.
11. Copyrights, Trademarks and other Intellectual Property: Seagate® is a registered trademark. The material contained in the SeagateProducts.com web site and this Referral Program, including site and Program design, text, graphics, and the selection and arrangement thereof are protected by U.S. Copyright law. Other than what may be allowed by the terms and conditions of this Program, any use of the name “Seagate”, or of our graphics, copy, or other materials owned by our company will be considered infringement and violation of our intellectual property rights which may subject the violator to a lawsuit. Your participation in this Program is not intended to confer a license or any other right to use Seagate’s intellectual property other than to refer customers to Seagate in connection with this Program.
12. Promotion of the Program: The Seagate referral code that we provide You is Your link to accumulating Rewards in the Program. Your referral customers must use Your referral code when they set up their new account in order for You to be able to earn credit from their sales. Therefore, You will be permitted to deliver Your code to friends and family to begin earning Rewards from their purchases. If You engage in spamming, sending commercial messages, or messages that appear as if they were being sent by Seagate, Your account will be terminated and all Rewards earned prior to termination will be forfeited. In addition, if You violate any laws or regulations governing email marketing You will be terminated from the Program and Rewards earned prior to termination will be forfeited.
13. User Content: You are solely responsible to any statements made in connection with Your promotional activities related to this Program. You assume all risks associated with Your content including anyone’s reliance on its accuracy and truthfulness. You may not state or imply that Your content is endorsed by Seagate. You may expose Yourself to liability if Your content is false, defamatory, intentionally misleading, violates any third-party rights including copyright, trademark, patent, trade secret, or any other intellectual property right or material that is unlawful or violates or advocates the violation of any law or regulation. If You post false, misleading, obscene, defamatory, objectionable, or unlawful material about Seagate or its Products You will be immediately terminated from this Program, all earned Rewards will be forfeited, and You will be blocked from future participation in the Program.
14. Limitation of Liability: SEAGATE SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH RESULTING FROM THE PROGRAM. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANT AGREES THAT SEAGATE HAS NOT MADE AND IS NOT RESPONSIBLE OR IN ANY MANNER LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY , EXPRESS OR IMPLIED WARRANTIES, IN FACT OR LAW, RELATED TO THE PROGRAM.
15. No Warranty: This Program is being provided to You “as is”, with no express or implied warranty or conditions. We exclude all conditions, representations, warranties and other terms which otherwise might be implied or incorporated into these terms and conditions to the maximum extent permitted by law. This includes but is not limited to, implied warranties and implied warranties arising from course of dealing or course of performance. 16. Governing Law: Any dispute related to this Program shall be governed, construed and enforced in accordance with the laws of the United States and the State of California.
17. No Assignment. Your earned Rewards and all rights pursuant to this Agreement are not assignable.
18. No Class-Action or Representative Action. You and Seagate agree that any claims against the other may be pursued only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and Seagate agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
19. No Waiver. Seagate’s failure to enforce any provision of this Agreement will not constitute a waiver of Seagate’s right to subsequently enforce any other provision of this Agreement.
20. Severability. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be deleted from this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
21. Entire Agreement. The Program Terms and Conditions along with the Seagate website Terms and Conditions represent the entire agreement between the parties and supersedes any and all other agreements between the parties related to the Program.